Article 1(Purpose) #
The purpose of this Decree is to provide for matters concerning the drawing of a protest in accordance with Article 84 of the Addenda to the Bills of Exchange and Promissory Notes Act as amended by Act No. 5009 and Article 70 of the Addenda to the Check Act as amended by Act No. 5010.
[This Article Wholly Amended by Act No. 23077, Aug. 19, 2011]
Article 2(Person Who Draws up Protest) #
A protest of a bill (referring to a bill of exchange or promissory note; hereinafter the same shall apply) or check shall be drawn up by a notary public or enforcement officer.
[This Article Wholly Amended by Act No. 23077, Aug. 19, 2011]
Article 3(Matters to Be Entered) #
(1) The following information shall be specified in a protest with the signature and seal of a notary public or enforcement officer affixed thereto:
1. The names or titles of the protester and the protestee;
2. The fact of having made a presentment to the protester and the fact that the protester failed to comply with the presentment or it was impossible to meet with the protester in person, or the fact that it was impossible to know the place where the presentment was to be made;
3. The date, time, and place of having made the presentment or failed presentment;
4. The date, time, and place of having drawn up the protest;
5. If the protest was drawn up at any place other than the statutorily permitted place, the fact that the protester consented thereto.
(2) When a drawee requests the bill to be presented for the second time in accordance with the upper part of Article 24 (1) of the Bills of Exchange and Promissory Notes Act, such fact shall be specified in the protest.
[This Article Wholly Amended by Act No. 23077, Aug. 19, 2011]
Article 4(Method of Drawing) #
(1) A protest shall be drawn up on the bill or check itself, or on supplementary paper combined thereto.
(2) A protest shall be drawn up in the margin underneath the matters written on the backside of the bill or the check; and the seal of a notary public or enforcement officer shall be affixed to the joint of every page if the protest is written on supplementary paper.
[This Article Wholly Amended by Act No. 23077, Aug. 19, 2011]
Article 5(Method of Drawing Where There Is Part of Set or Certified Copy of Bill or Check) #
(1) When presenting multiple copies of a bill or check, or multiple originals and certified copies thereof, a protest shall be drawn up on one of the copies, originals, or on the supplementary paper.
(2) Where drawing a protest in accordance with paragraph (1), a notary public or an enforcement officer shall specify such fact and affix his/her signature and seal on other copies or certified copies.
(3) Article 4 shall apply mutatis mutandis to the method of the drawing of copies or certified copies under paragraph (2).
[This Article Wholly Amended by Act No. 23077, Aug. 19, 2011]
Article 6(Method of Drawing Where There Is No Original of Bill) #
(1) Where drawing a protest in accordance with Article 68 (2) of the Bills of Exchange and Promissory Notes Act (including cases as applicable mutatis mutandis in Article 77 (1) of the same Act), the protest shall be drawn up on the certified copy or supplementary paper of the bill.
(2) Where drawing a protest for partial non-acceptance of a bill, a notary public or an enforcement officer shall draw a certified copy of the bill, and then draw up a protest on the certified copy or supplementary paper.
(3) Article 4 (2) shall apply mutatis mutandis to the method of drawing a certified copy or supplementary paper under paragraphs (1) and (2).
[This Article Wholly Amended by Act No. 23077, Aug. 19, 2011]
Article 7(Number of Protests) #
Where a presentment was made to several persons, or to one and same person multiple times, only one protest shall be drawn.
[This Article Wholly Amended by Act No. 23077, Aug. 19, 2011]
Article 8(Place of Drawing) #
(1) A protest shall be drawn up at the place where the presentment was made: Provided, That it may also be drawn at another place if the protester consents.
(2) Where it is impossible to determine the proper location for a presentment, a notary public or enforcement officer who will draw a protest shall make an inquiry at an appropriate government office about the place: Provided, That where it is impossible to determine where to make the presentment even after a reasonable inquiry at an appropriate government office, a protest may be drawn at that specific government office or the notary public’s or enforcement officer’s own office.
[This Article Wholly Amended by Act No. 23077, Aug. 19, 2011]
Article 9(Certified Copy of Protest) #
(1) A notary public or enforcement office who has drawn up a protest shall draw a certified copy thereof specifying the following information and keep it at his/her office:
1. Identification of a bill of exchange, promissory note or a check, and the serial number thereof, if such number exists;
2. The amount in dispute;
3. The name or title of the drawee, payee or the person by whose order payment is to be made;
4. The date, time, and place of issuance;
5. Maturity and the place of payment;
6. The name or title of the third party, referee, or acceptor for intervention as designated for payment, if there is any.
(2) Where a protest is lost or destroyed, a notary public or an enforcement office shall, at the request of an interested person, draw a certified copy of the protest on the basis of the certified copy drawn in accordance with paragraph (1) and issue it to the interested person, and this certified copy shall have the same effect as the original.
[This Article Wholly Amended by Act No. 23077, Aug. 19, 2011]